Sadhu Sharan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61689 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- SIGAUDI District- Patna ====================================================== Sadhu Sharan Chauhan Son of Sitaram Chauhan Resident of Village - Narayanpur, P.S.- Tharthari, Distt - Nalanda. ... ... Petitioner/s

Versus

The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Sigori P.S. Case no. 3 of 2019 registered for the offence under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act to which sections 25(1-b)a, 26 and 35 of the Arms Act were added subsequently.

As per allegation in the FIR, the father of the informant Ram Dhyan Chouhan who used to look after the agriculture produce and 'Khalihan' raised hulla. It is stated that the informant heard sound of firing. On the informant reaching there they saw that his father had been shot dead by unknown persons.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.61689 of 2019(5) dt.27-02-2020 2/3 that the FIR was registered against unknown. In course of investigation one Jairam Chouhan was arrested. In his confessional statement before the police he named Biltu Chauhan, Sanjay Yadav and Sadhu Sharan Chauhan as his associate. It is further stated that Biltu Chauhan and Sanjay Yadav have been enlarged on anticipatory bail by order dated 10.7.2019 which has been brought on record as Annexure 2 to the petition. It is further submitted that no incriminating article has been recovered from the possession of the petitioner. Besides the confession of the co-accused before the police, there is no material against the petitioner who has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Sigori P.S. Case no. 3 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.61689 of 2019(5) dt.27-02-2020 3/3 satisfaction of learned Additional Chief Judicial Magistrate V, Danapur subject to the condition as laid down under section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U